On July 21, 2016, the Commission issued remedial orders in the 939 Investigation, but suspended those orders with respect to certain claims that had been found unpatentable by the Patent Trial and Appeal Board (PTAB.) Enforcement of the ITC’s remedial orders will remain suspended pending final appellate resolution of the PTAB’s final written decision. ...›

On May 16, 2016, in an investigation involving automated teller machines (Inv. No. 958), the Commission affirmed the ALJ’s summary determination of invalidity based on the finding that the claim term “processor” was indefinite under 35 U.S.C. § 112. Similarly, on May 12, 2016, the Commission affirmed summary determination of invalidity based on indefiniteness in Inv. No. 943 involving wireless headsets. ...›

On April 6, 2016, in an investigation involving coffee brewing capsules (Beverage Brewing Capsules, Inv. No. 929), the Commission reaffirmed that service of an ITC complaint alone, without any showing of pre-suit knowledge of the patent, meets the knowledge requirement for contributory and induced infringement. ...›

In the recently instituted 994 investigation (Portable Electronic Devices and Components Thereof), the Commission has directed the Administrative Law Judge (ALJ) to determine, within 100 days of institution, whether the only asserted patent is invalid under Section 101. ...›

On January 6, 2016, the Commission found a Section 337 violation in Investigation No. 337-TA-921 involving high-resolution sonar devices that commercial fishermen use to scan for fish under their boats. ...›

The past year has seen a number of major developments for Section 337 investigations at the International Trade Commission, including several high profile Federal Circuit decisions, the announcement or proposed expansion of two pilot programs for expedited proceedings, and the naming of a new Administrative Law Judge (ALJ). Here are the Top 10 developments at the ITC in 2015. ...›

The Commission has once again addressed the economic prong of the domestic industry requirement in a final determination issued in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910) (“Television Sets”) on October 30, 2015. ...›